J. Geils can sue former bandmates

Guitarist John “J.” Geils can continue his lawsuit against his former bandmates who have been touring as the “J. Geils Band” without him.

A federal judge has refused to dismiss the lawsuit filed by Geils and his record label against Peter “Wolf” Blankfield, Seth Justman, Daniel Klein, Richard Salwitz, their manager and two entities which administered finances for the band.

The legal dispute over who owns the trademarks “Geils”, “J. Geils”, “Jay Geils” and “J. Geils Band” has been simmering since 2011. Court documents show that cease-and-desist letters written by J. Geils Band attorneys convinced Foxborough’s Showcase Live venue to cancel a performance by Geils and jazz guitarist Gerry Beaudoin and convinced another club to change its billing from “J. Geils” to “Jay Geils.”

Geils then sued the other members for trademark infringement after they mounted a 2012 tour without him. The lawsuit also seeks to render a 1982 band agreement unenforceable and asks the courts to declare that T&A Research & Development Corporation, an entity created by the band in the 1970′s, is not a valid corporation.

The defendants asked to have the case dismissed, claiming that Geils’ complaint does not satisfy the heightened pleading requirements for coercion in a contract dispute and fails to state a valid federal trademark claim.

But U.S. District Court Judge F. Dennis Saylor IV refused to dismiss the case, stating that Geils’ complaint, while “hardly a model of clarity or brevity,” still laid the groundwork for a potential case.

“The Court will not, at this early stage, finely sift through the factual allegations to determine which specific allegations apply to which specific doctrines raised by plaintiffs as a basis for relief. For the purposes of deciding the motion to dismiss, it is enough to note that the complaint alleges sufficient facts, if proved true, to support each of the assorted claims,” said Saylor.

The legal dispute could be a lengthy and complex one, signaled Saylor. “Typically, the ownership of the trademark rights to the name of a rock band is a complex issue. Bands normally start as loose and informal partnerships of young musicians, and legal formalities tend to be ignored at the outset (and often long thereafter),” he said.